NYCRR TITLE 8 - EDUCATION

§185.7 Replacing original records with microforms

(a) Negative microphotographic film. When a microform is intended to replace an original record having a legal minimum retention period of ten years or longer, or when the records being microphotographed are identified on a records retention and disposition schedule as having a permanent retention period, only a safety-base black and white silver gelatin microform shall be used as the original camera negative film.

(b) Preservation of the camera negative. When a microform is intended to replace an original record or when the records being microphotographed are identified on a records retention and disposition schedule as having a permanent retention period, the camera negative shall be used only to produce duplicate copies of the film. Once the duplicates have been made, the camera negative film must be placed in an off-site storage facility that meets standards established by the Commissioner of Education for security, fire protection and environmental control to ensure the preservation of the information on the microform.(c) Microforms to meet quality standards. When a microform is intended to replace an original record, or when the records being microphotographed are identified on a records retention and disposition schedule as having a permanent retention period, the microform shall meet quality standards established by the commissioner for resolution and density to ensure that the film and copies made from it will be clear and legible.

(d) Targeting and certification of microforms. When a microform is intended to replace an original record, or when the records being microphotographed are identified on a records retention and disposition schedule as having a permanent retention period, the following measures must be taken to ensure access to the information contained on the microform, and the quality and legal admissibility of the microform itself:

(1) The records to be filmed shall be arranged, identified and indexed to ensure reasonable access to individual documents.

(2) Each discrete roll of original negative film, each discrete original negative fiche, and each discrete strip of original negative film cut up and jacketed to produce fiche, shall begin with a signed declaration by the records custodian identifying the records being filmed and certifying that the records are being filmed in the normal course of business. Each shall end with a signed declaration by the camera operator identifying the date of filming and the office for whom the film is being produced.

(3) In addition, each roll of film must have the following targets at the beginning of the roll: density target, resolution target and start target.

(4) In addition, each roll of film shall have an end target at the end of each roll.

(5) Where needed, roll film shall contain retake and correction targets.

(e) Inspection of microforms. All microforms shall be quality inspected to ensure that the film images meet quality standards set by the commissioner. Film images that do not meet standards must be reshot before the original document may be destroyed.

(f) Digitized images of public records with a legal retention period of less than ten years may be stored on a magnetic, magneto-optical or optical computer storage medium. Such electronic records may replace paper originals or micrographic copies of these records. In order to ensure accessibility and intelligibility for the life of these records, local governments must follow the procedures described in section 185.8 of this Part. Guidelines on the use of electronic document imaging systems and optical storage for public records shall be issued by the commissioner.

Statutory authority: Education Law, § 207; Arts and Cultural Affairs Law, §§ 57.17, 57.19, 57.21, 57.23, 57.25, 57.29 57.33, 57.35; L. 1987 ch. 737

Last reviewed: March 15, 2010

Last Updated: March 17, 2010 -- asm